Remove Collections Remove Foreclosure Remove Garnishment Remove Unsecured Debt
article thumbnail

Secured vs Unsecured Debt: Everything You Need to Know

Sawin & Shea

Declaring bankruptcy will discharge most types of debt but not others. Before you declare bankruptcy, it’s crucial to understand how the law treats the concept of secured vs unsecured debt. It matters because not all debts are equal in the eyes of the law. Secured vs Unsecured Debt: What’s the Difference?

article thumbnail

Bankruptcy Chapter 7 vs 13: Which Is The Best Option?

Debt Free Colorado

Additionally, not all unsecured debt is dischargeable under Chapter 7. The means test decides who can seek debt relief. Short foreclosure protection – When your home is faced with foreclosure, the automatic stay is not in effect indefinitely. While debt is not eliminated , it is significantly reduced.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Cosigner Responsibilities: When Is a Cosigner Liable for a Debt?

Sawin & Shea

Cosigner Responsibilities: Bankruptcy and Debt Collection If a primary borrower declares bankruptcy, the co-signer associated with the debt may be responsible to pay back creditors, but this will depend on the type of bankruptcy that the primary debtor filed.

article thumbnail

Can I Keep My Home in a Chapter 7 Bankruptcy?

Sawin & Shea

Upon filing a Chapter 7, you receive automatic court-oredered protection from creditors and aren’t subject to lawsuits, repossessions, or wage garnishments. There is a special unlimited exemption available for married couples holding real estate as tenants by the entirety as long as there is no joint unsecured debt.

article thumbnail

Debtor Education Course After Filing for Bankruptcy

Sawin & Shea

There are some key differences between these two types of bankruptcy.

article thumbnail

10 Common Questions About Bankruptcy

Debt Free Colorado

For instance, it may permit the restructuring of debts due to “secured” creditors, or creditors who have an interest in assets like a mortgage or a car loan, but it typically won’t abolish those debts. Are you at risk of falling into foreclosure, being evicted, or having your utilities cut off?

article thumbnail

How Often Can I File for Bankruptcy?

Sawin & Shea

This shorter period is likely because most individuals who file Chapter 13 will still have to pay some debts back through a payment plan rather than having it entirely discharged. However, it can give you an opportunity to reorganize under the court’s protection and make plans on how to ultimately deal with the debts.